11st November 2025. Jacobacci Avvocati successfully represented the holder of plant variety rights (PVR) in an important legal action against a grower who had propagated, without authorization, vines belonging to a variety protected by PVP.
By enforcing an ex-parte order for a pre-trial investigation and description, the PVP holder reached full proof - both morphological and genetic - of the existence of the violation of its PVP and was thus able to request, upon confirmation of the ex-parte order, the issuance of an order for the removal of the illegally propagated plants. The Court of Bari ordered such a removal by means of the first instance decision and, upon appeal by the defendant, fully confirmed the order in a collegial ruling on October 30, 2025.
The case represents an important precedent in the field of intellectual property protection in the plant breeding sector, guaranteeing, under the reaching of unequivocal genetic evidence, an immediate protection aimed at preventing the continuation of unlawful conduct which, as is well known, is not always and almost never fully compensated for from an economic point of view.
“The decision highlights the strategic value of plant variety rights and strengthens the effectiveness of the legal tools available to owners to react against infringement cases” comments Emanuela Truffo, partner, who handled the case for Jacobacci Avvocati.